Court : Rajasthan
Decided on : Mar-07-1988
Reported in : AIR1989Raj43
..... case it was held that where there has been no application under section 50 consequently no issue of a notice under order 21, rule 22(1), the foundation of the courts' jurisdiction to execute a decree against the legal representative is entirely wanting and sale held without jurisdiction would be void.17. in mubarak begum ..... these execution proceedings, would not mean that the execution proceedings are for execution of a decree for payment of a debt to which section 214 of the succession act are attracted. the objection raised by shri ahmed bux is, therefore, without substance and is rejected.15. another contention that has been urged by shri ahmed ..... the deceased decree-holder, khurshid alam, and that for the purpose of filing the execution petition they should have first obtained a succession certificate under the indian sucession act, 1925. in support of his aforesaid submission shri ahmed bux has placed reliance on the decision of this court in ganeshmal v. smt. anand kanwar, 1968 raj .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-24-1988
Reported in : 1988(1)WLN526
..... court has unlimited powers to interfere in the cases where the process has been issued by the magistrate against an accused without any reason or without any foundation, and if the court is satisfied that the process has been issued without any basis, the court is fully competent to quash the proceedings.18. ..... restrictions for shooting and in these circumstances it cannot be said that the petitioner were not legally to entitled to filminise the film, 'deceivers'. the cinematograph act, 1952 provides no restriction imposed at the stage of shooting or script preparation. but, still the executive examined story and script of the film 'deceivers'. ..... ), learned counsel for the petitioners contended that the petitioners' stand is duly protected against criminal prosecution in view of section 79, ipc, as they have acted on the basis of categorical, definite and unequivocal permission accorded by the government of india in exercise of its executive authority in constitutional manner. the learned .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-29-1988
Reported in : 1988(2)WLN641
..... . she wanted her father to bring its list also so that it could be tallied. this leads me to infer that the foundation was distrust among each other rather than demand of dowry. it is also borne out from the reading of the rest of the ..... commission of the crime and would not govern the cases which come after incorporation of section 113a and 113b of the indian evidence act, i have kept the consideration of these sections out of consideration because they were not on statute on the day offence was ..... as under:108. abettor-a person abets an offence, who abets either the commission of an offence, or the commission of an act which would be offence, if committed by a person capable by law or committing an offence with the same intention or knowledge as ..... may make it clear that the incident had taken place prior to bringing into provisions of section 113a of the indian evidence act which is regarding presumption as to manner of suicide by a married woman and therefore the case has to be decided on .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-10-1988
Reported in : 1988WLN(UC)369
..... of identification of culprits plays a very significant role and if found trust-worthy, is sufficient to seek their conviction, but before the identification is made the foundation of conviction, it should be fair and free from all taints. the facts of identification whether of person or property are relevant and admissible in evidence under section ..... under:although a person who is found in possession of stolen goods can be convicted under section 411 ipc, by virtue of presumption under section 114, evidence act, prosecution has to show something more than mere possession of stolen goods for a conviction under section 412 ipc, as this section requires that the property had ..... 9 of the evidence act. the substantive evidence regarding identification is that which is given by the witness in the court during trial. but it is a trite law that a mere .....
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